(1) "Charter guide" means an individual who:

(a) Carries passengers for hire for outdoor recreational activities on the waters of the Pacific Ocean over which the State of Oregon has jurisdiction;

(b) Carries passengers for hire for outdoor recreational activities on the waters of the Columbia River below the Astoria-Megler Bridge downstream to the waters of the Pacific Ocean; and

(c) Possesses a valid United States Coast Guard operator license.

(2) "Employee" means an individual who, in exchange for compensation or monetary gain, provides outfitting and guiding services under the direction, supervision and control of an outfitter and guide or a charter guide.

(3) "Outdoor recreational activities" includes, but is not limited to, boating, angling, hunting, jeep touring, backpacking, alpine mountain climbing, camping, trips utilizing pack animals, dog sled trips, whitewater float trips, rafting trips, drift boat trips, kayak trips, inflatable canoe trips and canoe trips, the duration of which may be for a few hours or for several days or weeks.

(4)(a) "Outfitter and guide" means any person:

(A) Who, for compensation or monetary gain, provides, offers to provide or advertises the provision of:

(i) Outfitting and guiding services in this state; or

(ii) Outfitting and guiding services and either equipment, supplies, livestock or materials for use in this state; or

(B) Who holds one or more federal special use permits for commercial outfitting and guiding services for use in any forest or wilderness or on any waterway in this state.

(b) "Outfitter and guide" does not include:

(A) An individual who, for compensation or monetary gain, provides outfitting and guiding services for the conduct of outdoor recreational activities exclusively upon property owned or controlled by the individual; or

(B) An employee of an outfitter and guide, unless the employee conducts, leads or assists in angling activities or operates or assists in the operation of watercraft used for angling.

(5)(a) "Outfitting and guiding services" includes, but is not limited to, leading, protecting, instructing, training, cooking, packing, guiding, transporting, supervising, interpreting or otherwise assisting any person in the conduct of outdoor recreational activities.

(b) "Outfitting and guiding services" does not include the rental of equipment alone. [1983 c.655 §1; 1995 c.736 §7; 2013 c.422 §1]